This comment analyzes the Circuit split regarding whether laches can bar copyright infringement claims prior to the statute of limitations running and offers a recommendation for a resolution when the United States Supreme Court rules in Petrella v. Metro-Goldwyn-Mayer. The comment is split into five sections. First, it provides background information, including historical and general information on copyright, laches, the statute of limitations, and the difference between equitable and legal remedies. Next, the comment analyzes cases from each Circuit to understand where they lie on the spectrum of the Circuit split, ranging from complete prohibition of laches to allowing it as a complete bar to all remedies. The comment then discusses the Ninth Circuit’s treatment of Petrella and the possibility that the concurring opinion signals a shift in jurisprudence. Ultimately, the comment recommends that the Supreme Court should establish a rule consistent with the legislative history of the Copyright Act and hold that laches should be available as a defense to copyright infringement and that it should only bar equitable remedies.
Scott M. Salomon,
Batches Of Mismatches Regarding Laches: A Copyright-Focused Analysis Of Laches When The Statute of Limitations Has Not Yet Run,
34 Loy. L.A. Ent. L. Rev. 1
Available at: http://digitalcommons.lmu.edu/elr/vol34/iss1/1